WHETHER OR NOT

WHETHER AN ELECTION PETITION IS COMPETENT WHEN THE CANDIDATE BUT ONLY THE POLITICAL PARTY IS THE PETITIONER?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  • Election petition: An election petition is a legal challenge or complaint filed by a party or individual dissatisfied with the outcome of an election. It is a formal legal process through which a petitioner seeks the court's intervention to review and potentially overturn the results of an election.  • Competent: means valid at law.  ✓ ANSWER:  Yes. An election petition is valid even if only the political party is the petitioner. The candidate sponsored by the political party need not be added as a co-petitioner.  This position was affirmed in the recent decision of the Court of Appeal in Yusuf Kabir v. APC, INEC, NNPP (CA/KN/EP/GOV/KAN/34/2023, 17TH DAY OF NOVEMBER 2023) thus: ‘The cases relied upon, including Andrew v. INEC (2017) LPELR 42161 (CA)...

WHETHER COUNSEL CAN TAKE ALLOCUTUS ON BEHALF OF ACCUSED/DEFENDANT?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  Allocutus is a legal term that refers to the opportunity given to a defendant to address the court before sentencing. Also known as ‘allocution’, it is a critical stage in a criminal trial where the defendant has the right to speak directly to the court.  During allocutus, the defendant can express remorse, provide mitigating circumstances, or make a plea for leniency. The purpose of allocutus is to allow the defendant to have a voice in the sentencing process and ensure that their individual circumstances are considered before the court determines an appropriate punishment.  It is an important aspect of due process, recognising the defendant’s right to be heard and promoting fairness in the criminal justice system.  ✓ ANSWER:  No. Allocutus is for the defendant/accused to take. It is not the ...

WHETHER ACCUSED/DEFENDANT NOT PRESENT DURING THE ADDRESS STAGE CAN NULLIFY AN ENTIRE CRIMINAL TRIAL?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  • Address stage: refers to the stage in a trial where the attorneys summarise their case, highlight key points, and make persuasive arguments to support their position.  • Nullify: refers to the act of declaring an action as null and void, effectively rendering it legally invalid or without legal effect.  ✓ ANSWER:  Yes. In Nigeria’s criminal jurisprudence, the accused person must be present at all stages of his trial. This is an offshoot of the fair hearing principle, particularly and highly exclaimed by criminal trials. In a situation, where the accused is absent in any of the stage of his criminal trial, such will render the judgement of the Court a nullity.  Hear the court in respect in the case of State v. Andrew Yanga (SC.712/2018, 15 Jan 2021) thus: ‘Th...

YOUR RIGHT TO PRIVACY MAY BE INFRINGED IN A CIRCUMSTANCE WHERE YOU ARE INDULGED IN CORRUPTION (BRIBERY)  In the case of Justice Paul Uuter Dery & Ors. v. Republic of Ghana (2019) ECW/CCJ/JUD/17/19, the ECOWAS Court dealt with a significant matter involving allegations of corruption and bribery among judicial officers. The illegal activities were brought to light through the use of a covertly installed camera, which recorded the superior justices accepting monetary bribes from both a court clerk and a supposed relative of an accused individual. Additionally, the justices were observed receiving sheep and goats from the said relative. These actions were uncovered during an investigation conducted by Tiger Eye PI into the conduct of judicial officers in Ghana.  The ECOWAS Court, in determining whether the privacy rights of the accused officers were violated through the surveillance, concluded that the secret filming was justified due to the Applicants' engagement in illicit ...

WHETHER REASON(S) FOR TERMINATION OF EMPLOYMENT NEED BE STATED IN THE LETTER OF TERMINATION GIVEN TO EMPLOYEE?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  Termination of employment: refers to the end of the employer-employee relationship. It occurs when an employer decides to end an employee’s contract.  Letter of termination: also known as a termination letter or a letter of dismissal, is a written document that formally communicates the decision to end an employee’s employment.  Employee: is an individual who works for an employer under a contract of employment.  ✓ ANSWER:  Yes. The reasons for the termination should be stated in the letter of termination, if not, liability may arise thereof.  Hear the court in the National Industrial Court case of Ejiro Peter Amratefa v. Access Bank (NICN/ABJ/106/2022, November 2, 2023) per O.A. Obaseki-Osaghae J. holding thus, while finding the Defendant liab...

WHETHER A LEGAL PRACTITIONER, NOT IN LAW PRACTICE, CAN BE A COMMISSION AGENT?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  • Legal Practitioner: is an individual who has been admitted to the bar and holds the qualifications to practice law, offering legal advice, representation, and services to clients. • Law Practice: refers to the professional activities, services, and work carried out by legal practitioners.  • Commission Agent: is a person or entity who acts as an intermediary, typically on behalf of a principal, to facilitate the sale or purchase of goods, services, or other transactions in exchange for a commission or fee.  ✓ ANSWER:  Yes. A legal practitioner not in the practice of law can be an agent who collects commission for services rendered.  Rule 7(2)(b) of the Rules of Professional Conduct for Legal Practitioners, 2007, specifically prohibits a lawyer from simultaneously practicing as a l...

  WHETHER A REGISTERED BUSINESS NAME HAS A SEPARATE LEGAL PERSONALITY FROM ITS OWNER? by Branham Chima. Subscribe: https://branhamchima.substack.com/embed ✓ DEFINITION(S): • Business name: also known as a trade name or trading name, is the official name under which a business or company operates and conducts its commercial activities  • Legal personality: refers to the recognition of an entity, such as a person or an organisation, as having the legal rights and obligations similar to those of a human being. ✓ ANSWER: No. In Nigerian law, a registered business name is not a company. The registered business name has no separate legal personality from its owner. It thus, cannot be sued, nor can it sue. Hear the Court in Obiamulu v. Ogwuego (2020) LPELR- 51949 (CA) per A.S. Umar, JCA, held in respect thus: ‘It has been settled as far back as 1887 in the case of SALOMON V. SALOMON & CO. (1887) AC 22 that an incorporated company has a distinct legal personality fro...

WHETHER THE PRINCIPLE OF LAST SEEN APPLIES WHERE THE CAUSE OF DEATH IS KNOWN?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  Principle of last seen: also known as the doctrine of last seen, is a legal concept that holds that the person who was last seen with a deceased individual bears full responsibility for their death. This principle is often applied in cases where there is no direct eyewitness testimony to the events leading to the death. The doctrine of last seen is based on the idea that the person who was last seen with the deceased is in the best position to explain what happened and may have crucial information about the circumstances surrounding the death. It is considered a piece of circumstantial evidence that can be used to establish guilt in criminal cases.  ✓ ANSWER:  No. It does not. The principle applies where there is no explanation from the person last seen with the deceased as to the cause of de...